I was issued a defined CoS when it should have been undefined

Hi, my currently BRP expires on Sep 2024. I have submitted a new application with a new sponsor a few days ago via the super priority route, the stated end date is June 2024 on the new CoS. It is nerve-racking that I still have not received any update three days after I attended my biometrics appointment. I was wondering, if my new application were approved, will the date on my current BRP change?

I have been checking on this link but not sure whether it would give me anything informative: https://www.gov.uk/prove-right-to-work

Your current brp and visa linked to a previous sponsor will be cancelled.

CR001 wrote: ↑

Fri May 07, 2021 10:12 am

Your current brp and visa linked to a previous sponsor will be cancelled.

Thanks for the response. The start date for the new job is in June this year. Will not the date on the current BRP be shortened to June so I may still stay on my current role until I start the new one?

Hello,

I hope it is okay that I open a new thread on a different topic regarding my application.

I was issued a defined CoS when it should have been undefined as I am applying from within the UK. When I contacted HR, the HR manager told me that she has left a note in my CoS confirming that I will be applying from within the UK. She expected this would satisfy UKVI.

I was told today by an UKVI advisor that the above error will lead to the rejection of my application. I was then advised to request a correct CoS from the HR and submit it to UKVI as a supplement to my current application.

I would like the seniors from the group, and people who have had similar experiences, whether the defined CoS will lead to rejection, and whether submitting a new CoS as a supplement to my current application would resolve the issue, or must I make a new application? Thank you!

Mabincredible wrote: ↑

Wed May 19, 2021 2:57 pm

the HR manager told me that she has left a note in my CoS confirming that I will be applying from within the UK. She expected this would satisfy UKVI

The HR manager should know better - the incorrect (defined) CoS should be cancelled and a new (undefined) CoS assigned to you.

You'll need the new CoS number for the application.

Also note from the guidance for sponsors: https://assets.publishing.service.gov.u ... 1_v1.0.pdf

SK8 If you assign the wrong type of CoS, or give false information on your
application for a defined CoS, we may revoke your sponsor licence.

What is the status of your application: submitted? fees paid? Documents uploaded? appointment made?

manci wrote: ↑

Wed May 19, 2021 5:57 pm

Mabincredible wrote: ↑

Wed May 19, 2021 2:57 pm

the HR manager told me that she has left a note in my CoS confirming that I will be applying from within the UK. She expected this would satisfy UKVI

The HR manager should know better - the incorrect (defined) CoS should be cancelled and a new (undefined) CoS assigned to you.

You'll need the new CoS number for the application.

Also note from the guidance for sponsors: https://assets.publishing.service.gov.u ... 1_v1.0.pdf

SK8 If you assign the wrong type of CoS, or give false information on your
application for a defined CoS, we may revoke your sponsor licence.

What is the status of your application: submitted? fees paid? Documents uploaded? appointment made?

Already applied and attended biomterics.

Topics merged

manci wrote: ↑

Wed May 19, 2021 5:57 pm

Mabincredible wrote: ↑

Wed May 19, 2021 2:57 pm

the HR manager told me that she has left a note in my CoS confirming that I will be applying from within the UK. She expected this would satisfy UKVI

The HR manager should know better - the incorrect (defined) CoS should be cancelled and a new (undefined) CoS assigned to you.

You'll need the new CoS number for the application.

Also note from the guidance for sponsors: https://assets.publishing.service.gov.u ... 1_v1.0.pdf

SK8 If you assign the wrong type of CoS, or give false information on your
application for a defined CoS, we may revoke your sponsor licence.

What is the status of your application: submitted? fees paid? Documents uploaded? appointment made?

Hello Manci, thank you for your response.

Being the HR manager of one of the largest NHS trust, I wanted to believe that she knows what she is doing, especially when she sounded quite certain.

I have already attended the biometrics appointment on 4th May, paid for the super priority but so far have not received any update.

I also asked the UKVI advisor whether I should withdraw my application. The lady on the phone told me that since my case has been escalated this morning I should wait for an update first. What I am worried about is to have a record of visa being rejected if this application falls through.

Any advise would be highly appreciated!

In the present situation there is nothing you can do but wait.

The refusal of an application is not a criminal record. You needn't be concerned, you acted in good faith and if there is a refusal the sponsor will be responsible for it and they should compensate you for any financial loss. A refusal in these circumstances will not affect an eventual ILR and citizenship application but make sure you declare it in any future immigration or citizenship application.

You haven't talked to a UKVI advisor, the service is outsourced and not always reliable.

Keep your fingers crossed that your sponsoring NHS Trust will manage to resolve the issue with the HO and let the forum know the outcome.

manci wrote: ↑

Wed May 19, 2021 8:14 pm

In the present situation there is nothing you can do but wait.

The refusal of an application is not a criminal record. You needn't be concerned, you acted in good faith and if there is a refusal the sponsor will be responsible for it and they should compensate you for any financial loss. A refusal in these circumstances will not affect an eventual ILR and citizenship application but make sure you declare it in any future immigration or citizenship application.

You haven't talked to a UKVI advisor, the service is outsourced and not always reliable.

Keep your fingers crossed that your sponsoring NHS Trust will manage to resolve the issue with the HO and let the forum know the outcome.

Thanks Manci, that's quite reassuring. If I may add a follow up questions, suppose the new application gets refused, will that affect my current Tier 2 visa which expires on 2024, if my current Trust would like me to stay?

I received an email from the escalation team this morning but it reads like a standard response:

Thank you for your enquiry.

Your application is still being assessed, however please be assured that it will be dealt with as soon as possible. Unfortunately, we cannot provide a timeframe.

Please note that to the decision-making team are aware of your case and they will be in contact in due course.

Meanwhile, the HR manager agreed that she will issue me a correct CoS, but there does not seem to be a way for me to submit the new CoS to UKVI. Could anyone please advise how this can be done, or would it be better to simply withdraw the last application and make a new one? I presume this would also mean booking another biometrics appointment?

Mabincredible wrote: ↑

Wed May 19, 2021 8:26 pm

suppose the new application gets refused, will that affect my current Tier 2 visa which expires on 2024, if my current Trust would like me to stay?

No, a refusal of your recently submitted application will not affect your existing permission (visa) and you are allowed to continue working for your present sponsor.

As you paid for the priority service the HO decision shouldn't be too long.

It is possible to withdraw or vary an application before the decision is made but you can only vary the application once you have the new CoS.

manci wrote: ↑

Thu May 20, 2021 10:03 am

Mabincredible wrote: ↑

Wed May 19, 2021 8:26 pm

suppose the new application gets refused, will that affect my current Tier 2 visa which expires on 2024, if my current Trust would like me to stay?

No, a refusal of your recently submitted application will not affect your existing permission (visa) and you are allowed to continue working for your present sponsor.

As you paid for the priority service the HO decision shouldn't be too long.

It is possible to withdraw or vary an application before the decision is made but you can only vary the application once you have the new CoS.

Thanks Manci. How may I vary the application once I was issued with the new CoS?

A small update after the HR contacted the employer line. It was pointed out by the lady on the phone that an employee cannot be assigned two CoS at the same time, so issuing a new CoS is not possible unless the old one gets cancelled. This leads to the question whether the CoS can be submitted to the current application, or will the only way to use the new CoS is to withdraw and reapply.

The lady on the employer line then concluded that it is the best to not take any action for the time being and wait for an update or decision from the UKVI. Part of me is thinking, okay let's not stir the pot and hope for the best, while part of me would like to amend the situation as soon as possible to avoid any further delays.

I don't know what to make of the email I received from the escalation team stating "Your application is still being assessed, however please be assured that it will be dealt with as soon as possible. Unfortunately, we cannot provide a timeframe."

Could any seniors share your thoughts on this please? Manci you wonderful wonderful person, could you please also advise how can an existing application be varied with a new CoS?

The CoS will have to be cancelled as it is the wrong type for your application and once cancelled a new CoS will have to be assigned.

I tend to agree with the lady on the employer helpline who suggested that it might be best not to take any action for the time being and wait for an update or decision from UKVI.

manci wrote: ↑

Thu May 20, 2021 4:31 pm

The CoS will have to be cancelled as it is the wrong type for your application and once cancelled a new CoS will have to be assigned.

I tend to agree with the lady on the employer helpline who suggested that it might be best not to take any action for the time being and wait for an update or decision from UKVI.

Thanks for the advice Manci. Once a new CoS is assigned, how May I submit it to UKVI and have it linked to my current application?

The HR manager said that she’s already created a new CoS for me, although I did ask her to hold off on that. Should I ask her to cancel this new CoS in case it complicates my application further?

You now have a new CoS which is already in the HO system and the previous CoS has been cancelled. The HO may just declare your application invalid, which is not a refusal, and ask for the CoS number you entered to be replaced with the number of the new CoS or they could refuse the application. It is not possible to predict which way it will go. The application could also be varied before a decision is made.

It is your choice but it may be best to follow the advice the HR manager got from the employer helpline and wait for a communication from UKVI.

manci wrote: ↑

Fri May 21, 2021 6:14 am

You now have a new CoS which is already in the HO system and the previous CoS has been cancelled. The HO may just declare your application invalid, which is not a refusal, and ask for the CoS number you entered to be replaced with the number of the new CoS or they could refuse the application. It is not possible to predict which way it will go. The application could also be varied before a decision is made.

It is your choice but it may be best to follow the advice the HR manager got from the employer helpline and wait for a communication from UKVI.

Thanks Manci. This story has so many turns, I should consider selling it to Netflix

The HR manager just emailed back saying that she actually has not assigned a new CoS to me. This whole application feels like a terrible roller coaster ride

IMHO it would help if as soon as possible HR assigned a new undefined CoS to you after cancelling the previous defined CoS.

manci wrote: ↑

Fri May 21, 2021 9:10 am

IMHO it would help if as soon as possible HR assigned a new undefined CoS to you after cancelling the previous defined CoS.

Oh so that would be the opposite to what the advice was given on the employer helpline.

Is there anything the HR needs to do after assigning the correct CoS, such as contacting the UKVI?

Could I also email the new CoS to VandCSheffield.Escalations@homeoffice.gov.uk?

Thank you Manci for your time and advice on this messy situation.

manci wrote: ↑

Fri May 21, 2021 9:10 am

IMHO it would help if as soon as possible HR assigned a new undefined CoS to you after cancelling the previous defined CoS.

Hello Manci, following my last post, I found the following on the gov website

https://www.gov.uk/guidance/vary-your-i ... pplication
How to vary an application
Visit the Visas and immigration section and choose the relevant application you’d now like to make.

When you begin your new application, you’ll be asked if you currently have an existing application on which you’ve not yet received a decision. You’ll need to provide the reference number for that existing application.

May I use this process to vary my existing application with a correct CoS? Will I still need to book an biometric appointment? Thanks!

Mabincredible wrote: ↑

Fri May 21, 2021 9:45 am

Oh so that would be the opposite to what the advice was given on the employer helpline.

The employer helpline just pointed out that you cannot have two live CoSs at the same time and the present defined CoS would need to be cancelled before a new undefined CoS is assigned

Mabincredible wrote: ↑

Fri May 21, 2021 9:45 am

Is there anything the HR needs to do after assigning the correct CoS, such as contacting the UKVI?

No, CoSs are assigned online through the Sponsor Management System (SMS) and once a CoS is assigned it is on the HO's system

Mabincredible wrote: ↑

Fri May 21, 2021 11:01 am

Could I also email the new CoS to VandCSheffield.Escalations@homeoffice.gov.uk?

Not necessary, the new CoS will be on the HO system once assigned.

I strongly recommend that if and when a new CoS is assigned, or preferably when still in draft, you ask for a copy and check it thoroughly to make sure there are no mistakes in it. The particular HR dept. you are dealing with doesn't seem to be at the pinnacle of their profession!

BTW what is and how did you get the VandCSheffield.Escalations@homeoffice.gov.uk email address?

manci wrote: ↑

Fri May 21, 2021 11:58 am

Mabincredible wrote: ↑

Fri May 21, 2021 9:45 am

Oh so that would be the opposite to what the advice was given on the employer helpline.

The employer helpline just pointed out that you cannot have two live CoSs at the same time and the present defined CoS would need to be cancelled before a new undefined CoS is assigned

Mabincredible wrote: ↑

Fri May 21, 2021 9:45 am

Is there anything the HR needs to do after assigning the correct CoS, such as contacting the UKVI?

No, CoSs are assigned online through the Sponsor Management System (SMS) and once a CoS is assigned it is on the HO's system

Mabincredible wrote: ↑

Fri May 21, 2021 11:01 am

Could I also email the new CoS to VandCSheffield.Escalations@homeoffice.gov.uk?

Not necessary, the new CoS will be on the HO system once assigned.

I strongly recommend that if and when a new CoS is assigned, or preferably when still in draft, you ask for a copy and check it thoroughly to make sure there are no mistakes in it. The particular HR dept. you are dealing with doesn't seem to be at the pinnacle of their profession!

BTW what is and how did you get the VandCSheffield.Escalations@homeoffice.gov.uk email address?

I honestly wish to sit down with the HR manager while she creates this new CoS.

Since I applied for the super priority route with my biometrics appointment done on the 4th May, my case has then been escalated twice. I eventually received an email from the above mentioned email address telling me that

Your application is still being assessed, however please be assured that it will be dealt with as soon as possible. Unfortunately, we cannot provide a timeframe.

Please note that to the decision-making team are aware of your case and they will be in contact in due course.

It did also say at the very bottom:

***** PLEASE NOTE: DO NOT reply to this email address, unless requested. ALL responses will be immediately deleted ***

Okay, I will discuss this with the HR manager. Thanks again!

The employer helpline suggested no actions to be take for the time being until contacted by the UKVI. I'm not sure that I sit comfortably with this and tend to agree with your suggestions of cancelling the current CoS with a correct one.

You found the correct link explaining how to vary an application. If you proceed with the variation you'll find out during the process whether you'll have to attend biometrics again. All fees will have to be paid again, but expect a refund for the previous application.

REMEMBER:
1.
You'll not get a new permission (visa) based on the wrong (defined) CoS
2.
You have two options - get a new undefined CoS assigned to you and then either wait and do nothing until you hear from the HO or proceed with varying the application